Calcutta High Court (Appellete Side)
M/S. Rasoi Ltd vs Union Of India & Ors on 3 February, 2011
Author: Indira Banerjee
Bench: Indira Banerjee
1
1.
03.02.2011.
d.d.
C. O. No.12812 (W) of 1993
With
CAN 8878 of 2009
M/s. Rasoi Ltd.
Vs.
Union of India & Ors.
Mr. Kausik Kanti Maiti
..... For the Applicant/Respondent.
The writ application being C.O. No.12812(W) of 1993 was filed, inter alia, challenging an order No.S-392/A-652/Cal/92 dated 18th September, 1992 of the Customs, Excise and Gold (Control) Appellate Tribunal, which is now known as the Customs, Excise and Service Tax Appellate Tribunal in Appeal No.E-142/88 along with Stay Petition No.14/91 whereby the learned Tribunal upheld the order of the Collector of Central Excise (Appeal) confirming demand of Rs.4,02,710.49.
The writ application was taken up for hearing on 14th May, 1993 when Her Ladyship, the Hon'ble Justice Ruma Pal (as Her Ladyship then was) passed an ad interim order restraining the respondents from taking steps for realization of the impugned demand, subject to the petitioner depositing 50% of the balance claim of the Excise Authorities with the Registrar, Appellate Side in cash and furnishing a Bank Guarantee equivalent to balance 50% of the claim in favour of the Registrar, Appellate Side. It is submitted that Cash Security and Bank Guarantee in terms of the 2 aforesaid order of this Court were duly furnished with the Registrar, Appellate Side on 15th June, 1993. A copy of the relevant challan is annexed to the application.
It appears that the writ application was dismissed for default way back on 6th May, 2004. No steps have been taken to have the writ application restored.
There will, therefore, be an order directing the Registrar General, Appellate Side to release to the respondent Collector of Central Excise, now redesignated Commissioner of Central Excise, the amount deposited by the writ petitioner in terms of the orders dated 14th May, 1993 and 9th June, 1993 with interest accrued thereon, if any.
The application being CAN 8878 of 2009 is disposed of.
Let a photostat copy of this order, duly countersigned by the Assistant Registrar (Court), be supplied to the learned Advocate for the appearing party on usual undertaking.
( Indira Banerjee, J )